NSW: Q&A Enforcing By-laws by Issuing Notices to Comply

Question: A lot owner with a dog causes nuisance to surrounding lots. What can the owners corporation do? Is there a legal way to handle this?

We have a problem with a lot owner who owns a dog on our building.

• The dog is left for long periods unattended causing excessive barking,
• excrement is left on common property,
• urine overflows off the balcony to the unit below and
• the dog’s running through the unit causes noise also to the unit below.

What can the owners corporation do? Is there a legal way to handle this?

Answer: Issue a notice to comply with the by-laws and continued breach attracts fines/penalties.

Any of the strata managing agent, strata committee and/or owners corporation (subject to various authorities by resolution and as set out in the Management Agency agreement with a strata managing agent) may issue a notice to comply with the by-laws and continued breach attracts fines/penalties.

Depending on whether you have a by-law conditionally permitting pets or don’t have one at all, NCAT has powers to issue Orders:

156 Order for removal of an animal not permitted under by-laws

1. The Tribunal may, on application by an interested person, order a person to cause an animal to be removed from a parcel within a specified time, and to be kept away from the parcel, if the Tribunal considers that the person is keeping an animal on the parcel in contravention of the by-laws.
2. An order under this section ceases to have effect if the keeping of the animal is subsequently authorised in accordance with the by-laws.

158 Order for removal of an animal permitted under by-laws

1. The Tribunal may, on application by an interested person, make an order against a person who is keeping an animal on a lot or common property in accordance with the by-laws for a strata scheme, if the Tribunal considers that the animal causes a nuisance or hazard to the owner or occupier of another lot or unreasonably interferes with the use or enjoyment of another lot or of the common property.
2. The Tribunal may order that the person–
   1. cause the animal to be removed from the parcel within a specified time, and be kept away from the parcel, or
   2. within a time specified in the order, take such action as, in the opinion of the Tribunal, will terminate the nuisance or hazard or unreasonable interference.<

Attempt at mediation through NSW Office of Fair Trading is first required.

For the full question and our detailed response, visit the original publication at Look Up Strata.

Do you have a question relating to your property or development? Contact us!